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A person found responsible for a violation of Section 18-8-1 shall be – separate and apart from the provisions of Section 18-8-3 – sanctioned by the Magistrate or hearing officer as follows:

A. A first violation within a twelve (12) month period: a fine of not less than twenty-five dollars ($25.00) and no more than two hundred fifty dollars ($250.00).

B. A second violation within a twelve (12) month period by the same animal(s): a fine of not less than fifty dollars ($50.00) and no more than two hundred fifty dollars ($250.00).

C. A third or subsequent violation, or an offense after a criminal conviction of a similarly related offense (such as disorderly conduct or nuisance), by the same animal(s) within a twelve (12) month period: a Class One misdemeanor with sanctions up to two thousand five hundred dollars ($2,500.00) in fines, up to six months in jail, and up to three (3) years of probation. The minimum sanction shall be a fine of two hundred fifty dollars ($250.00) and a minimum probationary period of one (1) year. Personal appearance at any arraignment shall be required so the Magistrate may set any necessary release conditions. In addition, after conviction and as part of probation, the Magistrate or hearing officer may impose the use of certain technological or surgical deterrents at defendant’s expense.

D. Default. If an individual receiving a notice of violation fails to appear at the hearing time designated in the notice of violation and/or the time designated for a hearing by the Court, that individual shall be deemed to have admitted the allegation in the complaint and the Court shall enter judgment and impose a civil sanction in accordance with the provisions of this chapter. If it is a criminal violation a warrant may be issued for the owner’s arrest.

E. If any penalty ordered to be paid by the Magistrate or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate’s order, appropriate civil proceedings, both legal and equitable, may be initiated by the Town’s legal department in order to enforce the administrative order. The Magistrate may also institute judicial proceedings as provided by law to collect such penalty. All penalties collected pursuant to this article shall be paid to and become the property of the Town of Oro Valley.

F. Each day and/or portion of a day a violation continues under this article shall constitute a separate offense. ((O)19-03, 02/20/2019; (O)08-22, 11/05/2008)